health and safety at work hazardous substance regulations 2017€¦ · • approved handler...

1

Ken Clarke

Compliance Manager

Responsible Care NZ Inc

Health and Safety at Work

Hazardous Substance

Regulations 2017

2

Key Points in Hazardous

Substance (HS) Regulations

The Old Regime

The New HS Space

Summary of Holistic Changes

Discussion welcomed

Responsible Care New Zealand 2017

3

Workplace Illness and Death

due to Chemicals• Hazardous Substance Surveillance System

• Stats from NPC – EDs – GPs

• None sourced from 0800 Chemcall or

equivalent services

Dilution of Approved Handler

model

RMA Reform 2017 • Removing all council functions relating to

hazardous substances section 31(1)(b)(ii) is

repealed – Renewed District Plans cannot explore

HS


4

Worksafe NZ – Key Requirements• Inventory

• Safety Data Sheets

• Information, Training Supervision

• Emergency Preparedness – all workplaces and not just if

you have chemicals about the place or on your vehicles

• Labelling, including emphasis for workplace containment

and decanting

• Signage

• Risk Management

• Transitional Periods


5

Format of HS Regs

• No longer in subject clusters – E.g. Secondary

Containment

• Now begins with HS Management general

requirements and then HS details are grouped under

each Hazard Type and Classification

• E.g. Secondary Containment grouping is broken up

and placed under relevant Hazard Class

• Penalties follow each Section


6

Additional Points of Note

• Safe Work Instruments (SWIs)

• HS Regulations General Points – Coverage & Format

• PCBU Duty to Review Control Measures

• Definitions

• Some Impacting Specifics

• Use of Emergency Advice details E.g. 0800 CHEMCALL

– Permission must be sought prior to using this service


7

Additional Points of Note

• Transit Depots – RCNZ and Worksafe NZ creating new

model

• Hazardous Waste

• Fireworks – Retail sale now enforced by NZ Police

• 1080 Controls following Operation Concord (terrorist

incident)

• Moved to Worksafe NZ


8

Signage

• Transit Depot

• 50Kg > LPG inside Bldg

• Refrigeration – Any Quantity Flammable

• Durable & Readable 10m>

• Good Condition – (not faded or damaged)

• Not Covered or Obscured

• Teat Sanitising location – not new but unknown

• Additional Type and Class detail in Schedules

• Class 9 not listed – EPA control – Notices


9

Certified Handler – Replaces Approved

Handler

• Not a Requirement for;

• Class 2

• Class 3

• Class 4

• Class 5

• Class 6.1C

• Class 8

• Class 9

• Required for;

• Class 6.1A, 6.1B, CSL products

Renewed five yearly


10

Hazardous Waste• Labeling – Legible in English

• Included in HS Inventory

• Identifier – as closely as poss to hazard class

• Max workplace quantity

• Segregation requirements

• Training for those involved in the Waste

Product

• Emphasis is different to HS Disposal

requirements – EPA Notice (ex Disposal Regs)


11

Stationary Container Systems• Bond and Earth all Above Ground holding

Class 3.1 A, B, and C

• Class 2.1.1 Permanent tanks not stacked

• Class 3 not placed end to end

• Separation Distance from Public Place

• Firefighting requirements aplenty for Class 3

• Internal Combustion Engine Fuel Supplies

• Permissible Volumes inside a building

• Specific floors in a building


12

Newly Focused Emphasis

Class 6.1A, B, C Class 8.2A, B, and

CSLs• Areas not a Haz Sub Location

• Secured

• Water supply close by

• Sufficient ventilation

• Distance from heat sources to prevent leaks

• Spill mitigation emphasis

• Quantity summation combines Class 6 and 8

• Transit Depot included in new HS Class focus


13

Location Compliance Certification

• HSLs for volumes above;

• 6.1A 50 Kgs or Litres

• 6.1B 250 Kgs or Litres

• 6.1C 1000Kgs or Litres

• 8.2A 50 Kgs or Litres

• Renewed 3 yearly

• Farms 4 Hectares > The Rules Change


14

HS Storage Cabinets

– incorrectly aka DG Cabinets

• Specific requirements for storage other than in cabinets

• Specific requirements for;

• Indoor Storage Cabinets Class 6

• Indoor Storage Cabinets Class 8

• Differing Max Volumes

• Differing separation distances and Volumes aggregated

• Water supply in close proximity

• Not to impede expeditious (really fast) escape from fire


15

Laboratories• Simplified into Approved or Unapproved

Substances

• Maintain a ‘Record’ of Tracked or Unapproved

Substances

Fire Extinguishers• No longer a maximum of 30 Metres distant

• Readily visible and available

• Other Extinguisher controls remain status quo


16

Safety Data Sheets• Now specifically stated in Regulation

• Obtained when first purchased and when a purchase

is beyond five years since last purchase

• Available in a reasonable time (10 minutes)

• Five year review mandatory (Best Practice)

• Mobile workers must have access to SDS Intel- can

be at PCBUs place but available directly via comms

medium


17

Safety Data Sheets• Does not apply to;

• Chemicals in transit – DG Declarations and ER

Information

• Retailer where a consumer product unopened

• Present unopened to supply another premises

• Used at a workplace in quantities consistent with

household use


18

Inventory of Chemicals• All chemicals on site

• UN Number if applicable

• Maximum quantities likely to be on site

• Location of substance within the site

• Compliant SDS

• Condensed version – not promoted by RCNZ


19

Ecotoxic Substances and Controls• Controls set and managed by EPA

• Worksafe NZ enforce these in the workplace

• Controls are listed in EPA Notices

• Also in HS Regulations as Guidance only

• Note – Secondary Containment threshold trigger

volumes are now split up and placed into respective

Hazard Class sections throughout the HS Regs


20

Transition Timelines• 1st September 2017

• Definitions and Standards

• Authorisation of Cylinder Test Stations

• 1st December 2017

• Most of the HS Regs

• Competency requirements for Certified Handlers

• Approved Handler – Grandfathered till Cert Expiry

• SWIs

• EPA Notices – 10 Ready to go

• EPA Group Stds – 29 Ready to go

• New HS Approvals

• 1st June 2018

• Holding requirements for Transit Depots


21

Transition Timelines• 1st June 2019

• Hazardous Waste incl in HS Regulations

• HS Location Classes 6.1A, B, C and 8.2A , B

• HS Cabinets compliance extended to Classes 6

and 8

• 1st Dec 2019

• Location Compliance Certificate

• Classes 6.1A, B, C and 8.2A , B

• 1st Dec 2021

• Substances approved under existing Gp Stds

• to comply with Labeling, SDS, & Packaging

Existing individual approvals will have two to four years

following the re-issue of the approval - post 1 Dec 2017


22Responsible Care New Zealand 2017


Thank you

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